Divorce Or Separation -Which Option Is Ideal?

If you think ending a marriage is an easy business, you need to get your thoughts straight. Yes, you might be mentally ready to call it quits, but the actual process of legally parting ways may leave you panting in exasperation if you fail to make the right decision at the right time. Honestly speaking, no matter how confident you feel about ending a seemingly failing marriage, such decisions should never be taken in haste or under emotional pressure.

As reputed family lawyers, we recommend you exercise patience and reconsider the financial implications of the decision, the effects on your children, and the emotional impacts on both of you. If your marriage is facing a massive blow at the moment, weigh your options before reaching a conclusion. After all, you wouldn’t want to regret your decision in the near future.

In this regard, you have two options available at your disposal, either to opt for a divorce or stay separate for a while. As apparent from the discussion below, both options have their pros and cons, and their suitability varies from couple to couple and their unique circumstances.

In order to assist you in judging the suitability of these options for your case, we use this blog to critically assess these options and determine their practicality.

Here, it is important to remember that while the term ‘legal separation’ is widely accepted in some parts of the world, it does not have any legal value in Canada. That is, there is no such thing as legal separation in Canada.

What Is A Divorce?

When your marriage begins to shatter, and there is no room for reconciliation, divorce is often the available option. In simpler words, divorce is an official and legal way of terminating a marriage. Apart from the latter, this option also necessitates a couple to concurrently decide on other important matters such as parenting time, child support, child decision making, division of assets and debts, property inheritance, and more.

All in all, the couple has to completely part ways both physically and financially. Since divorce dissolves a marriage, the marital status of each spouse legally changes, and they are allowed to remarry elsewhere as per their preferences. However, you must note that the process is quite technical and requires you to follow certain guidelines for a smooth transition.

Situations In Which Divorce Is More Suitable

Technically, divorce is the point of no return. Thus, if you ever feel the need to reconcile with your partner, you will have to marry them again, as your decision to get a divorce can not be reversed or amended once it is finalized.

Therefore, you need to be very careful when making such a decision. Some situations that demand a divorce may include:

Continued domestic violence – If your spouse is habitually violent and often physically hurts you or your children, it might be better to part ways rather than endure worse consequences in the future.
Infidelity and unfaithfulness – The latter is one of the biggest reasons behind divorces. If your partner has cheated on you and you can not live with this truth under any circumstances, you can get a divorce.
Remarrying – Similarly, if your spouse has decided that they want to marry someone else, you don’t have a lot of options.
Irrevocably deteriorating relationship – if both of you are certain that the existing relationship is breathing its last breaths and there is no chance of revival, parting ways completely is a suitable solution.

Regardless of the reason, we recommend you have a reputable divorce lawyer by your side to provide you with legal representation and expert advice.

What Is Separation?

If you think thoughts about reconciliation do not deserve your attention when contemplating a divorce, you need to hold your horses. The decisions that are taken in anger and haste often result in huge regrets. Research shows that 62% of divorced individuals wish their spouse had tried harder to resolve the issue, while 30% end up reconciling. Thus, when the situation is not that bad, we would recommend you opt for separation. In this case, spouses can decide to stay separately for a while to see if the marriage can survive.

Unhappy children – if your children are not happy with your decision to part ways, it might be better to give your marriage a second chance.
Financial circumstances – This is not a good excuse because it keeps you legally bound to the marriage. Still, if one of the spouses needs financial assistance from the other for any reason, they may stay separate rather than get divorced.
There is a chance of saving the marriage – Lastly, if you feel that your wounds will heal and the marriage can be restored, it’s better to separate for a while rather than completely part ways.

About Us

We believe that keeping things as simple as possible in a divorce is absolutely essential. For this reason, we offer alternative dispute resolution methods and many other valuable services. Learn more about The Divorce Company and our expertise. Contact us now to ensure a stress-free divorce.